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Secrecy, Law and Society.

Commentators have shown how a 'culture of security' ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation.Read more...

Cover; Title; Copyright; Contents; Acknowledgements; Notes on contributors; 1 Secrecy, law and society; PART 1 Secrecy and security; 2 Living with national security disputes in court processes in England and Wales; 3 Secrecy law and its problems in the United States; 4 Balancing away Article 6 in Home Office v Tariq: fair trial rights in closed material proceedings; PART 2 Open justice and procedural fairness; 5 Protecting procedural fairness and criminal intelligence: Is there a balance to be struck?; 6 Is there a requirement for fair hearings in British and Australian courts? 7 Secrecy, procedural fairness and state courtsPART 3 Right to know; 8 Secrecy, the media and the state: controlling and managing information about terrorism and security; 9 Secret material and anti-terrorism review in Australia and Canada; 10 Secret policing: boundaries of undercover evidence; 11 Anonymity and defamation; PART 4 Secrecy and society; 12 Strategy for public interest leaking; 13 Open secrets, open justice; 14 Secret isle? Making sense of the Jersey child abuse scandal; Index.

Abstract:

Commentators have shown how a 'culture of security' ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation.

Reviews

Editorial reviews

Publisher Synopsis

"Lawyers, scholars and most certainly journalists and feature writers doing research in any of these areas will find this book, with its extensive and meticulous footnoting, a treasure trove of references to follow up as interesting and authoritative avenues for further enquiry. What is especially refreshing about the book is its plain-speaking and quite often hard-hitting approach to the various aspects of this topic about which the individual contributors have strong views. As a contribution to the ongoing debate on the often insoluble problems inherent in issues of secrecy, security, free speech and the law, this book with its diversity of opinion is first class." - Phillip Taylor MBE, Richmond Green ChambersRead more...